Omaha daily bee., 1887-06-15

scribed by ordlRahce, whenever said board
shall consider and declare such removal
discipline, or for;tle more effective working
or service of the pofce department..
IL will here be seep that the removal may
take place under rules and reRulatlons-yet
the board Is the sole Judge as to what
shall be cause of removal and as to when
removal shall take place. The rules and reg
nlations SO to be established by ordinance re-
late only to the manner of procedure there,
or notice OF hearing or that written charges
shall be prepared, but the cause of removal
and Justification, for removal must be de-
termined by the board and not by the city
Section 10 Of this ordinance is therefore
dealing with duties which belong to the
board and not to the council.
Again, the same word removal Is found
In both provisions quoted from, and hence IL
in the last provision the rules and regula-
tions to be prescribed by ordinance relating
to removal of officers relate only the manr
ner OF procedure; they can have no broadee
words In the first clause the broader mean
ing would be to make an irreconcilable
conflict In the two provisions Of the same
section.
Fourth, The same section again provides:
1T shall be the duty of said board of fire
and police to adopt such rules and regula a
tons for the guidance of the officers and men
ment promotion, removal, trial or diciplne
OF said officers and men as said board shall
consider proper and necessary, and when
said rules and regulations shall be approved
by the mayor and council, they shall have
the same force and effect as ordinances and
can only be changed by and with the consent
OF the mayor and council"
Here Is provision veSting specifically in
the board the duty to adopt rules and regula-
tons for the guidance of the officers and men
for their appointment removal, etc.
-, Here Is vested In the board the. very power
that the city council has assumed to exercise
by this. ordinance. Both bodies cannot be
clothed with precisely the same powers or
else they will surely come in conflict.
In constituting law the supreme court of
Nebraska has said that the seeming conflict
Ing portions must be SO construed as to har-
monize them, II possible. and If they cannot
prevail and the first must fafl; McCann vg.
VS.: Gosper ct all, Neb., $40.
l have sought to put construction upon
these seeming conflicting provisions SO that
both will stand. But if the provisions first
rules and regulations, relates to anything
more than the manner in which the board
shall exercise Its powers and duties, then it
Is In conflict with the later provisions Of the
at all and must fall, which would strip the
council of power to make rules and regula-
tions by ordinance. State ex rel VS. Mac
cuaig, Neb. 21S; White VS. Blum. Neb.
Fifth. Rules and regulations are not ordl-
nances but may be created by an ordinance.
The definition of rules and regulations
give then. an effect that bears out the con-
that which is prescribed OF laid down as a
suias rsgSiaton 60 sHaa%f' is "a rule or order pre-
scribed for management or government"
to age, rssidence, IS not, tn therefore, Dsss a
rule or regulation. When the council fixes
the grounds upon Yhfth an officer is to be re.
moved from his .oftfcei the same is not a rule
Of Tie terms. thspefeefe' SeH"S the as1?Ua legis
lature had in mind 3 sgive the cou ~. full
power and control oyer the board as to whom
It should appoint to Office and to fix the quail
was no occasion to tss the words, 'rules and
regulations" but the legislature would have
used instead thereof, the word Ordinance
Sixth. Any elector Is eligible to be elected
or appointed to an Office unless disqualified
1y constitutional or statutory law. Cooley's
Constitutional Limitations 74S, note l.
The city council, therefore. could not Gre
of an elector to be appoin ted or to hold an
Office for which he may be otherwise fitted
unless such power Is S0nferred by the char
We do not believe the charter confers such
power upon the city council, yet the ordi
nance IN question goes to the extent of pre-
scriblng additional qualifications to the ele-
gibility o., an electorto hold any Of the Offices
In the police department.
Seventh. A municipal corporation can
exercise no power which Is not In express
terms or by fair implication conferred upon
i; Il III ThSmas seg VS.. The City OF Richmond la
For the reasons which we have before
given we do not believe the power has been
conferred upon the city council either in ex-
ordinance containing the provisions found
in sections 4. 5 and 10 of this ordinance.
1t Is my opinion, therefore, that the fore
going named sections of this ordinance are
Respectfully subm! tied.
JNo. l.. WEBSTER
City Attorney.
The official bond of the members of
the board of fire and police commission
were referred to the committee on ju-
dietary.
From the Board of Fire and Police
misunderstanding estimate of ex.
penses of the police department for en-.
suing year, amounting to $77,44O. Re.
on police.
From the Board of Public Works-Re.
porting estimates in favor of Barber
Asphalt Co. for work done, amounting to
1850; of Regan Bros, amounting to
Sl6, 500; of Tanning y Slavln. amounting
to $5l1 so; ofC. y. Woodwork, amount.
ing to $1,375;also several small estimates.
Approved.
Ut A!va j. Grover-Asking leave Of
absence for thirty days. Granted.
The official bonds of Jas. Allen, F.
Hickstein and II. l.. Ramaccioti were re-
ceiyed and approved.
OF John Jenkins-Asking for an assist.
ant boiler inspector. City attorney to
draw ordinance.
OF H. Goldberg-Protesting against the
proposed narrowing of Poppleton ave-
nue.. Streets and alleys.
Ot Property Owners--Asking for the
grading of Twenty eighth avenue from
Farnam to Dodge. Grades and grading.
OF Property Owners-Asking for the
grading of Twelfth street from Bancroft
to Blaine. Grades and grading.
OF Property Owners-:AskIng for o
change Of grade on California street
from Nineteenth street to Twenty second
street. Grades and grading.
OF Citizens of W4n4t Hill-Protesting
against the keeping OF Mortensen's dairy
in Walnut Hill addition. Police.
OF T. Duval-Asking for damages re.
ceived by team falling through hole on
Grace street. Claims.
OF Nj. l.. Higgins ct. al.-Asking for
opening of Indiana street. Grades and